A contrite attitude and forgiveness from his victim means Marco Myles is under a curfew every night for the next year.
‘There won’t be any nightclubs for you for the next year,’ Justice Alex Henderson told Myles in passing sentence for the offence of causing grievous bodily harm.
‘Yes, sir,’ Myles replied.
That is just one condition imposed as part of a probation order imposed on 30 July. Myles was directed to participate in counselling as recommended and pay his victim’s medical bills, which totalled $7,817.10.
Justice Henderson said the offence justified imprisonment, but he was persuaded by social inquiry reports and the victim’s forgiving attitude that a non-custodial sentence would be appropriate and in the best interest of the public.
Details of the offence were originally set out in April, after which the judge adjourned the matter so that Myles could find a job and show the court he could abide by strict bail conditions.
Crown Counsel Nicola Moore said the complainant went to a night club on 17 April 2007, where he was drinking with some friends and talking. Myles told him ‘Stop harassing my brethren.’ Words were exchanged but nothing further happened.
When the night club closed, however, and the men were outside, Myles pushed the other man to the ground and kicked him hard in the face several times. The victim suffered multiple fractures and spent 10 days in intensive care.
Looking at photos of the injuries, Justice Henderson remarked for the record that the victim was ‘significantly smaller’ than Myles.
Defence Attorney Edward Renvoize said his client acknowledged what he had done was unacceptable. Myles was upset about his mother’s relationship with the man, whom he regarded as someone who drank too much and was involved in the drug sub-culture.
Myles himself admitted drinking heavily that night and not exactly sure of all the remarks that had been exchanged.
On the day of sentencing, Attorney Ben Tonner emphasised that the victim went so far as to say he did not want Myles to go to prison and he hoped he would get the help he needed to control his anger.
In finalising the terms of probation, Justice Henderson said if Myles’ hours of work changed he could come back to court and ask for a variation of the curfew.